DONNELLY (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457, brought before the Tribunal by the first named applicant and a secondary applicant, Hannah Rose Davies. The central dispute revolved around whether the primary visa applicant met the requirements of clause 457.223(4)(a) of Schedule 2 to the Regulations, specifically concerning an approved nomination for their occupation.

The Tribunal was required to determine if the primary applicant satisfied the criteria outlined in clause 457.223(4)(a), which mandates an approved nomination for the applicant's occupation by a standard business sponsor, where that approval has not ceased. This clause further details several sub-requirements relating to the nominated occupation, the applicant's employment, the genuineness of the applicant's intention and the associated position, the applicant's skills and qualifications, and English language proficiency, as well as considerations regarding adverse information about the sponsor.

The Tribunal found that the requirement of an approved nomination under clause 457.223(4)(a) was met, as the nomination in respect of the applicant had been approved by the Tribunal on 11 February 2022. However, the Tribunal concluded that it was appropriate to remit the applications for the visa to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa. The Tribunal directed that the first named applicant, and the secondary applicant Hannah Rose Davies, met the criteria of clause 457.223(4)(a).